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06JunePBRANDOLPH COUNTY PLANNING BOARD AGENDA JUNE 14, 2022 Call To Order Of The Randolph County Planning Board Roll Call Of The Board Members ¡Reid Pell, Chair; ¡Wayne Joyce, Vice-Chair; ¡John Cable; ¡Kemp Davis; ¡Melinda Vaughan; ¡Reggie Beeson; ¡Barry Bunting, Alternate; and ¡Brandon Hedrick, Alternate. Consent Agenda ¡Approval of the minutes from the May 3, 2022, Planning Board and Zoning Board of Adjustment meetings. ¡Approval of the agenda for the June 14, 2022, Planning Board meeting. MINUTESWITHEXHIBIT.PDF Conflict Of Interest ¡Are there any Conflicts of Interest or ex parte communications that should be disclosed? ¡If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified. Old Business Rezoning Request 2022-00001001 The Randolph County Planning Board will hold a Legislative Hearing on the request by RUSSELL SCOTT LINEBERRY, Liberty, NC, and his request to rezone 7.60 acres out of 28.90 acres behind 6923 Willard Rd, Liberty Township, Rocky River Balance Watershed, Tax ID #8725960159, Primary Growth Area, from RA - Residential Agricultural District to HI - Heavy Industrial District. LINEBERRY.PDF New Business Special Use Permit Request 2022-00001375 The Randolph County Planning Board will hold a Quasi-judicial Hearing on the request by MARK POWERS, Denton, NC, and his request to amend an existing Special Use Permit at 5989 Brantley Gordon Rd, Concord Township, Tax ID #6698675536, 3.96 acres, RA - Residential Agricultural District. It is the desire of the applicant to amend an existing Special Use Permit to specifically allow an automotive repair shop in an existing building as per the site plan. POWERS.PDF Rezoning Request 2022-00001378 The Randolph County Planning Board will hold a Legislative Hearing on the request by ANITA BOBO, Asheboro, NC, and her request to rezone 0.92 acres at 180 Sawyersville Rd, Back Creek Township, James Bobo and Karen Gibson Subdivision, lot five, Tax ID #7721960380, Secondary Growth Area, from RR - Residential Restricted to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a beauty shop as per the site plan. BOBO.PDF Rezoning Request 2022-00001389 The Randolph County Planning Board will hold a Legislative Hearing on the request by DAVIS INVESTMENT PROPERTIES, LLC, Randleman, NC, and their request to rezone 3.61 acres at US 220 Bus N, Level Cross Township, Hazel B Hayes Subdivision lot number three, Randleman Lake Protected Area Watershed, Tax ID #7757779761, Primary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of three new lots as per the site plan. DAVIS.PDF Rezoning Request 2022-00001383 The Randolph County Planning Board will hold a Legislative Hearing on the request by ERIC L SMITH, Sophia, NC, and his request to rezone 4.58 acres at 3321 Jess Smith Rd, Tabernacle Township, Garland Lee Hawkins Estate Subdivision lot number three, Tax ID #7724295330, Secondary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of a new lot as per the site plan. SMITH.PDF Rezoning Request 2022-000011411 The Randolph County Planning Board will hold a Legislative Hearing on the request by TMR HOLDINGS, LLC, Thomasville, NC, and their request to rezone 2.15 acres at 7139 Wright Rd, Trinity Township, Lake Reese Balance Watershed, Tax ID #6796018058, Primary Growth Area, from RA –Residential Agricultural District and LI –Light Industrial –Conditional District to RA -Residential Agricultural District. TMR.PDF Public Hearing On Amendments To The Unified Development Ordinance The Randolph County Planning Board will hold a public hearing on the proposed amendments to the Randolph County Unified Development Ordinance as outlined in the attached document. UDO.PDF Adjournment 1. 2. 3. Documents: 4. 5. 5.I. Documents: 6. 6.I. Documents: 6.II. Documents: 6.III. Documents: 6.IV. Documents: 6.V. Documents: 7. Documents: 8. RANDOLPH COUNTY PLANNING BOARDAGENDAJUNE 14, 2022Call To Order Of The Randolph County Planning BoardRoll Call Of The Board Members¡Reid Pell, Chair; ¡Wayne Joyce, Vice-Chair; ¡John Cable; ¡Kemp Davis; ¡Melinda Vaughan; ¡Reggie Beeson; ¡Barry Bunting, Alternate; and ¡Brandon Hedrick, Alternate.Consent Agenda¡Approval of the minutes from the May 3, 2022, Planning Board and Zoning Board of Adjustment meetings. ¡Approval of the agenda for the June 14, 2022, Planning Board meeting.MINUTESWITHEXHIBIT.PDFConflict Of Interest¡Are there any Conflicts of Interest or ex parte communications that should be disclosed? ¡If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.Old BusinessRezoning Request 2022-00001001The Randolph County Planning Board will hold a Legislative Hearing on the request by RUSSELL SCOTT LINEBERRY, Liberty, NC, and his request to rezone 7.60 acres out of 28.90 acres behind 6923 Willard Rd, Liberty Township, Rocky River Balance Watershed, Tax ID #8725960159, Primary Growth Area, from RA - Residential Agricultural District to HI - Heavy Industrial District. LINEBERRY.PDF New Business Special Use Permit Request 2022-00001375 The Randolph County Planning Board will hold a Quasi-judicial Hearing on the request by MARK POWERS, Denton, NC, and his request to amend an existing Special Use Permit at 5989 Brantley Gordon Rd, Concord Township, Tax ID #6698675536, 3.96 acres, RA - Residential Agricultural District. It is the desire of the applicant to amend an existing Special Use Permit to specifically allow an automotive repair shop in an existing building as per the site plan. POWERS.PDF Rezoning Request 2022-00001378 The Randolph County Planning Board will hold a Legislative Hearing on the request by ANITA BOBO, Asheboro, NC, and her request to rezone 0.92 acres at 180 Sawyersville Rd, Back Creek Township, James Bobo and Karen Gibson Subdivision, lot five, Tax ID #7721960380, Secondary Growth Area, from RR - Residential Restricted to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a beauty shop as per the site plan. BOBO.PDF Rezoning Request 2022-00001389 The Randolph County Planning Board will hold a Legislative Hearing on the request by DAVIS INVESTMENT PROPERTIES, LLC, Randleman, NC, and their request to rezone 3.61 acres at US 220 Bus N, Level Cross Township, Hazel B Hayes Subdivision lot number three, Randleman Lake Protected Area Watershed, Tax ID #7757779761, Primary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of three new lots as per the site plan. DAVIS.PDF Rezoning Request 2022-00001383 The Randolph County Planning Board will hold a Legislative Hearing on the request by ERIC L SMITH, Sophia, NC, and his request to rezone 4.58 acres at 3321 Jess Smith Rd, Tabernacle Township, Garland Lee Hawkins Estate Subdivision lot number three, Tax ID #7724295330, Secondary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of a new lot as per the site plan. SMITH.PDF Rezoning Request 2022-000011411 The Randolph County Planning Board will hold a Legislative Hearing on the request by TMR HOLDINGS, LLC, Thomasville, NC, and their request to rezone 2.15 acres at 7139 Wright Rd, Trinity Township, Lake Reese Balance Watershed, Tax ID #6796018058, Primary Growth Area, from RA –Residential Agricultural District and LI –Light Industrial –Conditional District to RA -Residential Agricultural District. TMR.PDF Public Hearing On Amendments To The Unified Development Ordinance The Randolph County Planning Board will hold a public hearing on the proposed amendments to the Randolph County Unified Development Ordinance as outlined in the attached document. UDO.PDF Adjournment 1.2.3.Documents:4.5.5.I.Documents: 6. 6.I. Documents: 6.II. Documents: 6.III. Documents: 6.IV. Documents: 6.V. Documents: 7. Documents: 8. RANDOLPH COUNTY PLANNING BOARDAGENDAJUNE 14, 2022Call To Order Of The Randolph County Planning BoardRoll Call Of The Board Members¡Reid Pell, Chair; ¡Wayne Joyce, Vice-Chair; ¡John Cable; ¡Kemp Davis; ¡Melinda Vaughan; ¡Reggie Beeson; ¡Barry Bunting, Alternate; and ¡Brandon Hedrick, Alternate.Consent Agenda¡Approval of the minutes from the May 3, 2022, Planning Board and Zoning Board of Adjustment meetings. ¡Approval of the agenda for the June 14, 2022, Planning Board meeting.MINUTESWITHEXHIBIT.PDFConflict Of Interest¡Are there any Conflicts of Interest or ex parte communications that should be disclosed? ¡If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.Old BusinessRezoning Request 2022-00001001The Randolph County Planning Board will hold a Legislative Hearing on the request by RUSSELL SCOTT LINEBERRY, Liberty, NC, and his request to rezone 7.60 acres out of 28.90 acres behind 6923 Willard Rd, Liberty Township, Rocky River Balance Watershed, Tax ID #8725960159, Primary Growth Area, from RA - Residential Agricultural District to HI - Heavy Industrial District.LINEBERRY.PDFNew BusinessSpecial Use Permit Request 2022-00001375The Randolph County Planning Board will hold a Quasi-judicial Hearing on the request by MARK POWERS, Denton, NC, and his request to amend an existing Special Use Permit at 5989 Brantley Gordon Rd, Concord Township, Tax ID #6698675536, 3.96 acres, RA - Residential Agricultural District. It is the desire of the applicant to amend an existing Special Use Permit to specifically allow an automotive repair shop in an existing building as per the site plan.POWERS.PDFRezoning Request 2022-00001378The Randolph County Planning Board will hold a Legislative Hearing on the request by ANITA BOBO, Asheboro, NC, and her request to rezone 0.92 acres at 180 Sawyersville Rd, Back Creek Township, James Bobo and Karen Gibson Subdivision, lot five, Tax ID #7721960380, Secondary Growth Area, from RR - Residential Restricted to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a beauty shop as per the site plan.BOBO.PDFRezoning Request 2022-00001389The Randolph County Planning Board will hold a Legislative Hearing on the request by DAVIS INVESTMENT PROPERTIES, LLC, Randleman, NC, and their request to rezone 3.61 acres at US 220 Bus N, Level Cross Township, Hazel B Hayes Subdivision lot number three, Randleman Lake Protected Area Watershed, Tax ID #7757779761, Primary Growth Area, from RA - Residential Agricultural District to CVOM-CD -Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of three new lots as per the site plan.DAVIS.PDFRezoning Request 2022-00001383The Randolph County Planning Board will hold a Legislative Hearing on the request by ERIC L SMITH, Sophia, NC, and his request to rezone 4.58 acres at 3321 Jess Smith Rd, Tabernacle Township, Garland Lee Hawkins Estate Subdivision lot number three, Tax ID #7724295330, Secondary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of a new lot as per the site plan. SMITH.PDF Rezoning Request 2022-000011411 The Randolph County Planning Board will hold a Legislative Hearing on the request by TMR HOLDINGS, LLC, Thomasville, NC, and their request to rezone 2.15 acres at 7139 Wright Rd, Trinity Township, Lake Reese Balance Watershed, Tax ID #6796018058, Primary Growth Area, from RA –Residential Agricultural District and LI –Light Industrial –Conditional District to RA -Residential Agricultural District. TMR.PDF Public Hearing On Amendments To The Unified Development Ordinance The Randolph County Planning Board will hold a public hearing on the proposed amendments to the Randolph County Unified Development Ordinance as outlined in the attached document. UDO.PDF Adjournment 1.2.3.Documents:4.5.5.I.Documents:6.6.I.Documents:6.II.Documents:6.III.Documents:6.IV. Documents: 6.V. Documents: 7. Documents: 8. Planning Board Minutes May 3, 2022 Page 1 of 7 RANDOLPH COUNTY PLANNING BOARD MINUTES May 3, 2022 There was a meeting of the Randolph County Planning Board on Tuesday, May 3, 2022, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Joyce called the meeting to order at 7:55 p.m. and welcomed those in attendance. Next, Joyce called for a roll call of the members. Jay Dale, Randolph County Planning and Zoning Director, called the roll of the members. • Reid Pell, Chairman, present; • Wayne Joyce, Vice Chairman, present; • John Cable, present; • Keith Slusher, present; • Kemp Davis, present; • Melinda Vaughan, present; • Reggie Beeson, present; • Barry Bunting, Alternate, present; and • Brandon Hedrick, Alternate, present. County Attorney, Ben Morgan, was also present. Dale informed the Chairman there was a quorum of the members present for the meeting. Joyce called for a motion to approve the consent agenda as presented. Consent Agenda: • Approval of agenda for May 3, 2022, Planning Board meeting. • Approval of the minutes from April 5, 2022, Planning Board meeting. Davis made the motion to approve the consent agenda as presented, with Slusher making the second to the motion. The motion was adopted unanimously. Joyce asks the Board members if there are any conflicts in the following cases. Hearing none, Dale presented the first case along with site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-00001037 Planning Board Minutes May 3, 2022 Page 2 of 7 THOMAS E COLTRANE, Archdale, NC, is requesting to amend his existing zoning conditions on 0.620 acres at 7408 Davis Ctry Rd, New Market Township, Randleman Lake Protected Area Watershed, Tax ID 7747288472, Secondary Growth Area, RBO-CD – Rural Business Overlay- Conditional District to allow a planned business park for multi-tenant use in the existing building as per the site plan. Joyce opened the public hearing and called for anyone supporting the rezoning request to come forward and speak Tom Coltrane, 7625 Harlow Rd., Archdale, explained that his building has two tenant spaces, allowing multiple types of businesses throughout the years, including churches, a gun store, pool supply store, barber shop, beauty salon, daycare, and currently dog grooming. He said he requests the zoning change to allow different types of businesses without continuing to amend specific, permitted uses. Davis said he is familiar with the area, and the building has had many tenants over the years. However, he said the appearance of the structure and function of the building has had no significant changes over the years. He said it is just part of the community. Dale said the property had not generated any complaints Beeson also said he is familiar with the building and has seen businesses change over time. Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if anyone would like to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Cable asked if all notifications went out properly for the rezoning requests. Dale answered yes. Cable said there is no opposition to the request, and if no one would like to discuss this further, he would like to make a motion. Cable made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Slusher made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Dale presented the second case, site plans, and pictures of the site and surrounding properties. Planning Board Minutes May 3, 2022 Page 3 of 7 REZONING REQUEST #2022-00001037 AMIGOS SALVAGE AUTO PARTS, LLC, Sanford, NC, is requesting to rezone 6.08 acres out of 10.21 acres at 8798 US Hwy 64E, Columbia Township, Tax ID #8722177824, Secondary Growth Area, from RA – Residential Agricultural District to LI-CD – Light Industrial–Conditional District. The proposed Conditional Zoning District would specifically allow the operation of a salvage yard and auto sales lot with a forty-foot, no-cut buffer on the northwest property line and a thirty-foot, no-cut buffer and eight-foot opaque fence on the southeast lot line as per the site plan. Dale explained that the property’s current use has been non-conforming as a junkyard for years. He said the applicant is asking for rezoning to expand their operation and add auto sales on the property. If rezoned, it would guarantee some required fencing and buffers; otherwise, it would remain the same. Joyce opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Victor J. Pena, 517 W. Rose St., Sanford, NC, said they are running a junkyard and would like to add auto sales on the property. Joyce asked how many vehicles he planned to have on display for the auto sales. Pena said there would be ten to twelve. Davis asked if they planned to place vehicles in the front of the property. Pena said the vehicles would be inside the property toward the side. Slusher asked if the lighting would be added or stay as it is. Pena said the lighting would remain the same. Vaughan asked for the hours of operation. Pena said it would be open from 8 am until 5 pm. Joyce asked how many employees he planned to have. Pena said it is currently just he and his wife. Cable asked Pena if he planned to continue the junkyard and the dealership. Pena answered yes. Vaughan asked what type of security he would have. Pena said he would have fencing only for now. Beeson asked about the buffering requirements if approved. Dale said he would be required to have an eight-foot opaque fence to improve the appearance and is currently not required to have any buffers. Morgan pointed out that the junkyard is presently exempt from the zoning Ordinance because it is pre-existing, continued use. However, he said the applicant would be subject to zoning regulations if approved. There was a discussion about the buffers required, as shown on the site plan. Dale said the requested changes would allow the vehicles for auto sales to be placed on the front of the property, whereas right now, they would be allowed to place junk cars next to the road without the buffering requirements. Pell asked if there is also a new building being proposed. Morgan answered yes. Planning Board Minutes May 3, 2022 Page 4 of 7 Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if anyone would like to speak in opposition to the request. Jack Embree, 8737 US Hwy 64E., Ramseur, said he owns the property across the street from the request. He gave some history of the junkyard and said it had not been a problem over the years. Embree voiced his concerns about traffic issues because the road has expanded from a 2-lane highway. He also mentioned that the area has become more residential over the years and does not want to see it become an issue. John York, 129 Vaughn York Rd., Staley, said he is not opposed to the business; however, he has concerns about EPA regulations and what happens with wastes from the property like oil and battery acid and how it affects the water table. He said there had been no regulations in the past. In addition, York said there is activity on the property all the time, not just between the hours of 8:00 am to 5:00 pm. He also expressed concerns regarding traffic hazards and the property's appearance. George Leonard, 1421 NC Hwy 22 S., Ramseur, said he has family property just west of the property and is concerned about EPA violations. He said he worked on the property when he was younger, knew what was going into the ground, and was worried about the water table. Dale asked if anyone had contacted the Division of Water Quality with any of the environmental concerns. Leonard said he was unaware of anyone calling. Matthew York, 8930 Hwy 64 E., Ramseur, said he lives directly beside the junkyard and his biggest concern is the environmental impacts caused by the junkyard. He said he wants to see an environmental study completed before the request moves forward. He also said he is interested in knowing if the water run-off from the property flows toward his well. York said the applicant is proposing a building on the property that is already constructed. He also mentioned that the parking of large trucks would occasionally block his drive and the drive for the junkyard. He also stated that there are multiple workers on the property even though Pena had stated that it is just he and his wife. Pell asked York what year he built his home near the property and if he had the same concerns at that time. York said his house was constructed in 2005, and the junkyard was not operational. He said he was told a junkyard would not be allowed to continue on the property. Morgan said county-wide zoning went into effect in 1987, and if there was a use already in place before zoning districts were established, the use became grandfathered if it continued. He said the Board has no jurisdiction over several of the concerns expressed by the opposition. Joyce suggested that Mr. York contact the agency which handles the environmental Planning Board Minutes May 3, 2022 Page 5 of 7 issues. Dale told Mr. York to contact the Planning Office for additional contact information. Having no additional opposition, Joyce closed the public hearing for discussion among the Board members and a motion Pell asked Mr. Pena to confirm the hours of operation for the record. Pena said the hours would be 8:00 am to 5:00 pm, Monday through Saturday. He said he has worked later than those hours to try and clean up the property and would like to apologize to the neighbors for working later. Joyce asked about the additional workers brought up by one of the neighbors. Pena said he and his wife are working full time, and he has other workers help him pull parts and such, and if he is approved for the auto sales, he will eventually have to hire additional people. Cable asked how many employees he would have to hire. Pena said probably two, a total of four people. Joyce asked Pena if tires were burned on the property. Pena said he burns trash but not tires. Cable asked Pena if he understood the requirements for buffers and fencing and if he would abide by the stipulations that have been discussed by the Board if approved. Pena answered yes. Joyce closed the public hearing for discussion among the Board members and a motion. Cable said he feels the concerns from the opposition are legitimate; however, the Board does not address those concerns. He said this request allows the County to regulate the property to some degree and require buffers and fencing currently not on the property. Joyce agreed. Morgan explained to the Board that conditions could be made as part of the rezoning, such as hours of operation, and the applicant can agree as part of the approval, and if not in agreement, the Board will vote on the request as it is before them. Slusher asked if a motion is made based on the site plan submitted, it would include buffers and fencing as shown. Morgan answered yes. He said any changes to the approved site plan proposed in the future would have to be requested for the Board’s approval. Davis asked the other Board members if they would like to discuss any conditions other than hours of operation. Hearing none, Beeson suggested the hours of operation be from 8:00 am until 6:00 pm Monday through Friday and from 8:00 am until 5:00 pm on Saturday. Davis made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Planning Board Minutes May 3, 2022 Page 6 of 7 Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with all agreed-upon revisions including the hours of operation to be from 8 am until 6 pm Monday through Friday and from 8 am until 5 pm on Saturday, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Cable made a second to the motion to approve the rezoning request described with conditions. Morgan asked Pena if he understood and agreed to the conditions placed on the motion to approve the request and the conditions on the site plan submitted. Pena agreed with those conditions and the site plan. Joyce called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Dale presented the third case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2020-00001066 HAROLD KOGER, McLeansville, NC, is requesting to rezone 3.10 acres on US Hwy64 W, approximately 1/4mile past Robbins Cir, Tabernacle Township, Lake Reese Balance Watershed, Tax ID #7712437632, Secondary Growth Area, from RA – Residential Agricultural District to HC – Highway Commercial District. Koger requested a continuance for his case. Slusher made the motion to continue the rezoning request. Pell made a second to the motion. Joyce called the question on the motion for continuance of the rezoning request, and the motion was adopted unanimously. Joyce requested a five-minute recess for the Board members. Dale presented the last case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2020-00001001 RUSSELL SCOTT LINEBERRY, Liberty, NC, is requesting to rezone 7.60 acres behind 6923 Willard Rd., Liberty Township, Rocky River Balance Watershed, Tax ID #8725960159, Primary Growth Area, from RA - Residential Agricultural District to HI – Heavy Industrial District. Planning Board Minutes May 3, 2022 Page 7 of 7 Dale said he had been informed that the applicant wanted to table the request. Cable made the motion to table the rezoning request until the following month. Davis made a second to the motion. Joyce called the question on the motion to table the rezoning request, and the motion was adopted unanimously. Having no further business, Joyce called for a motion to adjourn the meeting. Cable made the motion to adjourn, with Davis making the second to the motion; the motion was adopted unanimously. The meeting adjourned at 8:52 p.m., with 33 citizens present. RANDOLPH COUNTY NORTH CAROLINA ________________________ Planning Director _________________________ _______________________________ Clerk to the Board Date Zoning Board of Adjustment Minutes May 3, 2022 Page 1 of 8 RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT MINUTES May 3, 2022 There was a meeting of the Randolph County Zoning Board of Adjustment on Tuesday, May 3, 2022, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Joyce called the meeting to order at 6:30 p.m. and welcomed those in attendance. Joyce called for a roll call of the members. Jay Dale, Randolph County Planning and Zoning Director, called the roll of the members. • Reid Pell, Chairman, present; • Wayne Joyce, Vice Chairman, present; • John Cable, present; • Keith Slusher, present; • Kemp Davis, present; • Melinda Vaughan, present; • Reggie Beeson, present; • Barry Bunting, Alternate, present; and • Brandon Hedrick, Alternate, present. County Attorney, Ben Morgan, was also present. Dale informed the Chairman there was a quorum of the members present for the meeting. Joyce called for a motion to approve the consent agenda as presented. Consent Agenda: • Approval of agenda for May 3, 2022, Zoning Board of Adjustment meeting. • Approval of the minutes from April 5, 2022, Zoning Board of Adjustment meeting. Davis made the motion to approve the consent agenda as presented with Pell making the second to the motion. The motion was adopted unanimously. Joyce asks the Board members if there are any conflicts in the following cases. Hearing none, Dale presented the first case along with site plans and pictures of the site and surrounding properties. Zoning Board of Adjustment Minutes May 3, 2022 Page 2 of 8 VARIANCE REQUEST #2022-00001015 BARBARA FUNKEY, Asheboro, NC, is requesting a Variance to use the property located at 250 Elwood Stout St., Asheboro Township, Tax ID #7750262292, 0.51 acres, RR – Residential Restricted, Municipal Airport Overlay District, Elwood Stout Subdivision, part lot 8, in a way not permissible under the literal terms of the Randolph County Unified Ordinance. It is the desire of the applicant to obtain a Variance to specifically allow a residence on 0.51 acres in lieu of the required 5-acre lot size for a property without 100-foot of State road frontage due to part of the property being acquired by the North Carolina Department of Transportation. Dale explained to the board that Ms. Funkey was approached by North Carolina Department of Transportation (NCDOT) about purchasing her home and property to enable new road construction and she negotiated to keep approximately one-half of an acre to build a new home rather than selling the entire property, creating a non-conforming lot. The Chair administered an oath to witnesses planning to speak for or against this Variance Request. Barbara Funkey, Asheboro, NC, having previously taken the oath, told the Board that she had three choices from NCDOT when negotiating her property and she chose to keep a portion of her property because she is being displaced from her home. Funky explained that she likes where she currently lives and would like to build another home there. Slusher asked what type of home she was planning to place on the property. Funkey said she would like to build a Quonset hut home. Pell asked if the property had public sewer and water on the property. Funkey said the current septic system will be taken by NCDOT but she does have public water. Pell asked if she has obtained approval for a new septic system on the property. Funkey answered no. Dale asked Funkey to explain the three choices she was given by NCDOT when negotiating her property. Funkey said they offered to purchase her entire property, keep a portion of the property or do nothing and she would be evicted. Dale explained that by choosing to keep a portion of the property, she did not realize she would be creating a non-conforming lot for herself. Morgan asked Funkey if she had an attorney representing her through the negotiations with NCDOT. Funkey answered no. Morgan asked her if she was planning to tear down her existing home. Funkey said NCDOT is planning to tear her home down. There was additional discussion about the location of the easement(s) on the property and the proposed location of a new home, and based on the site-plan submitted, it was determined that her new home would access Elwood Stout St. Zoning Board of Adjustment Minutes May 3, 2022 Page 3 of 8 Morgan asked Funkey if other homes access Elwood Stout St. Cable asked her if she owns Elwood Stout St., and Slusher asked if Elwood Stout St. is a state-maintained road. Funkey answered no to all of those questions. She said Elwood Stout St is an easement and is basically her driveway. Beeson said it seems odd that the NCDOT would tear down a home for equipment storage while building a road. Morgan said it is more common than one would think in a condemnation case. Cable asked Funkey if she has been unable to find a home in another location. Funkey said she has been unable to find a smaller home in a satisfactory location and she really likes the location where she currently lives. Davis said he has concerns that she may not have suitable soil on one-half of an acre. Cable asked Funkey if she has a back-up plan if her request is not approved and if NCDOT would be open to obtaining the remainder of her property. Funkey answered no. The Chair asked if anyone else wanted to speak in favor of the request. Hearing none, the Chair asked if anyone would like to speak in opposition to the request. Jerry Ray Paul, Greensboro, NC, having previously taken the oath, said that he and his family members own the properties surrounding Ms. Funkey’s property and he is not against her placing a new home on the property, he just wants to make sure she does not cut-off the Elwood Stout St. access to the other adjoining properties. Morgan asked how long the Elwood Stout St. has been in existence. Paul said maybe 175 years. Slusher asked Paul if anyone maintains the Elwood Stout St. access. Paul said it has been scrapped and gravel added a couple of times. Slusher asked if his only opposition to the request would be the access. Paul answered yes. Davis asked if there is a deeded easement to the adjoining properties. Morgan said it appears there is an easement recognized by the Tax Department but it is important for the Board to remember that the variance request is to allow a smaller lot size without the appropriate road frontage, not allowed by the Ordinance. He also said that if a variance is granted, it does not mean that the property would allow an approved septic area or that the home would meet the required setbacks, based on its location. Cable asked Paul if he knew the location of the signed easement. Paul said he thought it had been recorded by his uncle years ago. Having no additional opposition, Joyce closed the public hearing for discussion among the Board members and a motion. There was additional discussion among the Board regarding the permitting process, septic, and set-back requirements that would be involved. Zoning Board of Adjustment Minutes May 3, 2022 Page 4 of 8 Cable said his problem with the request would be the “lack of information”. He said the Board tries to accommodate the public in the best way possible and for this case, there is not enough information on the easement, septic approval, or requirements for the placement of the home. Slusher discussed the four-part test for approving a Variance and said the request did not meet the criteria for the approval. He said the hardship was created by actions taken by the property owner, and in his opinion, the Board would be in direct conflict if the request is approved. Joyce agreed with Slusher. Cable made the motion to deny the variance from the Randolph County Unified Development Ordinance on the specified parcel(s) on the Variance application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, or that unnecessary hardship would not result from the strict application of the Ordinance, that the hardship does not result from conditions that are peculiar to the property, or that the hardship was a result from actions taken by the applicant or the requested variance is not consistent with the spirit, purpose, and intent of the Ordinance such that public safety will not be secured and substantial justice is achieved. Slusher made a second to the motion to deny the Variance. Pell called the question on the motion to deny the Variance request and the motion was adopted unanimously. Dale presented the second case along with site plans and pictures of the site and surrounding properties. VARIANCE REQUEST #2022-00001029 ROY AND MARSHIA N NEALY, Trinity, NC is requesting a Variance to use the property located at 1785 Summey Town Rd., Concord Township, Tax ID #6791432436, 5.10 acres, RA – Residential Agricultural District, in a way not permissible under the literal terms of the Randolph County Unified Development Ordinance. It is the desire of the applicant to obtain a variance to specifically allow a second residence on a 5.10 acres lot in lieu of the required lot size of 5 acres per residence without 100 ft. of State road frontage. Dale said there was a second home on the property which had been removed approximately six years ago, unfortunately exceeding the time allowed to replace the home, and is now considered a non-conforming use to have a second residence on the property. The Chair administered an oath to witnesses planning to speak for or against this Variance Request. Zoning Board of Adjustment Minutes May 3, 2022 Page 5 of 8 Roy Lee Nealy, Jr., 1066 Worthville Rd., Randleman, having previously taken the oath, said he obtained all of the proper permitting for a second home in 1992 and removed the home approximately six years ago with the intentions of moving back to the property in the future. He said he recently made attempts to obtain permits again for a replacement home and was denied. Nealy said he would like to move back to the property to help take care of his aging parents who currently reside on the property as well. Slusher asked if he used to live on the property in a mobile home that is no longer on the property. Nealy answered yes. Slusher asked if the mobile home had been located on the back side of the property. Nealy answered yes. Davis asked if he had installed a septic system on the property. Nealy answered yes. He said it is shown on the site plan as 1787 Summey Town Rd and his parents live on the front of the property located at 1785 Summey Town Rd. He said he also has Davidson County water run to the back of the property where the mobile home used to be located. He said the electrical panel for the mobile home is also on the property and was updated just before moving the home off the property, approximately seven years ago. He also said he still maintains the property, keeping up the driveway, mowing the lawn, and trimming the fence lines. Additional discussion took place with Nealy and Cable regarding the timeline of living on the property and returning. Cable asked Nealy if he would be placing a mobile home on the property and setting it up just as it was prior to moving the previous mobile home off the property. Nealy answered yes. Toni Schooley, 2280 N. Fayetteville St., Asheboro, having previously taken the oath, said she is Nealy’s sister and she and her brother have always planned on living on the property. She said circumstances caused her brother to move from the property several years ago and at the time, her father was in good health. She also said her father has major health issues now and living thirty minutes away, they have concerns that no one lives close enough to help look after him and their mother in an emergency. Joyce asked if anyone else wanted to speak in favor of the request. Hearing none, he asked if anyone would like to speak in opposition to the request. Rodney C. Nooe, 1781 Summey Town Rd., Trinity, took the oath administered by Joyce. Nooe stated that he does not want the Nealy’s to use his property for access because he has given up enough of his property for easement and power line access to accommodate the adjoining property south of his. There was discussion between Nooe and the Board, explaining where the existing easement and driveway are located in relation to Roy Nealy’s access. Morgan asked Nooe if he understood correctly, in order to physically move a mobile home onto the property, it will have to cross Nooe’s property. Nooe answered yes. Beeson asked if Mr. Nealy if he would have any issue with Nealy moving his access to make sure he stayed on his own property. Nealy said he would not have an issue. Zoning Board of Adjustment Minutes May 3, 2022 Page 6 of 8 Cable asked Nooe if he has an issue with Mr. Nealy crossing the property at Summey Town Rd. Nooe said he did not own that property but the owner was present to speak to them if needed. Joshua Roberts, 1923 Summey Town Rd., Trinity, took the oath administered by Joyce, and said he and his mother own the property that would provide access to the Nealy’s property and they would like to deny them access to use that property. Joyce asked Roberts if the Nealy’s are currently using access for their property. Roberts said they were using the access before he bought the property. Cable said they Nealy’s have lived on the property for forty plus years and asked if they had always used that access for their property and if they had ever given up that access to their property. Roberts said that was correct and they have not given up their access. There was additional discussion regarding the access, existing driveway(s), and ownership of the properties. Roy Nealy, 1785 Summey Town Rd., Trinity, having previously taken the oath, said Josh Roberts does own the small piece of property at the beginning of their driveway. He also said if the request is approved, the mobile home would not have to cross Mr. Nooe’s property, it would be delivered across the pasture behind his home like it was delivered the first time. Cable asked Nealy if he was testifying that he has 200 ft. of frontage on Summey Town Rd. Nealy said he has about 200 ft. along the front of his property, with only about 100 ft. of frontage on Summey Town Rd. Cable also asked if he is testifying that he will not cross adjacent parcels. Nealy said he would not have to cross the property line. Davis asked if the driveway is completely on his own property. Nealy answered yes. He said he gave access to the other properties years ago and they are not using the access, they have used his driveway for years. Morgan said it appears the driveway crosses the property line once you pass his residence going south. Nealy said he had the property surveyed and none of the markers indicate the drive over his property line. Schooley addressed the Board again to tell them that one portion of the driveway turns to Nooe’s property and another portion continues down her dad’s property line which is the driveway previously used by her brother and it does not cross the property line. Sherry Moffitt, 1783 Summey Town Rd, Trinity, took the oath administered by Joyce, and said a portion of the old road bed is on her property, she submitted a plat to show the property lines, (Exhibit 1). She said the Nealy’s would have to move part of their fencing over in order to use the existing roadbed and not cross property lines. Dale explained to the Board that the concerns that the Planning Department had with this request were the fact that there was a discontinuation of a non-conforming situation six years ago and they only have approximately 100 ft. of road frontage which is needed for each residence or a minimum of five acres for each residence. He said in this case, they Zoning Board of Adjustment Minutes May 3, 2022 Page 7 of 8 would need a minimum of six acres to allow a second residence and they have a total of 5.1 acres. Morgan said the driveway location seems to be an important issue for some of those who have spoken to the Board even though it is not the central issue for the Board. Slusher asked Moffitt if her only opposition was for the Nealy’s crossing her property line. Moffitt said she does not want anyone living on the back side of the property because of the potential noise and traffic near their home. Joyce asked Moffitt the location of her access. Moffitt said they had to cut in a new driveway down Nooe’s property along the property line to their own. Slusher asked if she crosses two properties to get to her own. Moffitt said she crosses the Nealy property and then Nooe’s to get to hers. Having no additional testimony, Joyce closed the public hearing for discussion and a decision by the Planning Board members. Davis said there is a history of the property having two homes with an existing septic tank, power, and public water already on the property for the second residence and thinks that should be considered in their determination. Cable agreed with Davis. With no additional discussion, Davis said he would like to make a motion. Davis made the motion to approve the variance from the Randolph County Unified Development Ordinance on the specified parcel(s) on the Variance application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with all agreed-upon revisions, that unnecessary hardship would result from the strict application of the Ordinance, that the hardship results from conditions that are peculiar to the property, or that the hardship did not result from actions taken by the applicant or the requested variance is consistent with the spirit, purpose, and intent of the Ordinance such that public safety will be secured and substantial justice is achieved. Vaughan made a second to the motion to approve the Variance. The Zoning Board of Adjustment voted unanimously to approve the Variance. Having no further business, Joyce called for a motion to adjourn the meeting. Slusher made the motion to adjourn with Beeson making the second to the motion, the motion was adopted unanimously. The meeting adjourned at 7:54 p.m. with 33 citizens present. RANDOLPH COUNTY NORTH CAROLINA Zoning Board of Adjustment Minutes May 3, 2022 Page 8 of 8 ________________________ Planning Director _________________________ _______________________________ Clerk to the Board Date TECHNICAL REVIEW COMMITTEE RECOMMENDATION IN THE MATTER OF THE APPLICATION FOR REZONING REQUEST #2022-00001001 The Randolph County Planning Board will hold a Legislative Hearing on the request by RUSSELL SCOTT LINEBERRY, Liberty, NC, and his request to rezone 7.60 acres out of 28.90 acres behind 6923 Willard Rd, Liberty Township, Rocky River Balance Watershed, Tax ID #8725960159, Primary Growth Area, from RA - Residential Agricultural District to HI - Heavy Industrial District. The Randolph County Technical Review Committee has met on the above-listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request:  Meets all technical requirements of both the Ordinance and the Plan;  Is consistent, reasonable, and in the public interest; and  Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 3.7 Sustainable economic growth, environmental protection and quality of life shall be pursued together as mutually supporting growth management goals. Policy 3.11 New rural industrial development shall be located in areas of the site that would lessen impacts to adjoining residential and agricultural lands. Lineberry Request Location Map TURNE R L A K E R D POE RDUS421N B E XI T RAMPNCHWY 49 NU S 4 2 1 S B E XIT R A MP N C H WY 4 9 NU S 421NB ONRAMPNCHWY49N NCHWY49NWI L L A R DRDUS HW Y 4 2 1 1 inch equals 500 feet LibertyKÈ KÈ ?k ?k Directions to site: NC Hwy 49 N - (L) Willard Rd - Site on (R) approx. 4/10 mile past Poe Rd behind 6923 Willard Rd. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: ROCKY RIVER WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710872400K Growth Management Areas:MUNICIPAL GROWTH AREA Growth Management Areas:PRIMARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 7.6000 Lot Size Indicator: ACRE(S) Proposed Zoning District: HI-HEAVY INDUSTRIAL DISTRICT Proposed Use(S): Condition(S): Applicant: LINEBERRY, RUSSELL SCOTT City, St. Zip: LIBERTY, NC 27298 Address: 6841 LAYTON RD Owner: LINEBERRY, RUSSELL SCOTT Address: 6841 LAYTON RD City, St. Zip: LIBERTY, NC 27298 Permit #: 2022-00001001 Parcel #: 8725960159 Date: 03/30/2022 Location Address: 5269 NC HWY 49 N LIBERTY, NC 27298 Permit Type Code: PZ 2 CONTACT NAME:LINEBERRY, RUSSELL Contact Phone:336 669-6910 Acreage: Township:28.9000 11 - LIBERTY Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Lineberry Rezoning Request !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(Roc kyRi v erRocky River RockyRi verRockyRiver TURNE R L A K E R D POE RDU S 4 2 1 S B E XIT R A MP N C H WY 49 NU S 421 N B O N RA M P N C H W Y49N NCHWY49NWI L L ARDRDU S HW Y 4 2 1 The request is located in Rocky River Watershed Area. 1 inch equals 500 feet Request location Legend LineberryParcel Parcels Structures Type !(Permanent Structure !(Miscellaneous Structures Roads Streams 50 ft. Stream buffer Flood plains Town of Liberty Zoning County zoning Districts HI RA KÈ KÈ ?k ?k Existing asphalt plant Lineberry Rezoning Request US 4 2 1 N B O N R A M P N C H W Y 4 9 NWILLARDRDU S HW Y 4 2 1 The request is located in Rocky River Watershed Area. 1 inch equals 200 feet Legend Parcels Roads KÈ KÈ Existing asphalt plant Lineberry Rezoning Request Picture 1: Adjacent asphalt plant. Picture 2: Adjacent asphalt plant. Picture 3: Residence in front of request location. Picture 4: Adjacent residence. Picture 5: Adjacent residence. Picture 6: Property across road from request location. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY RUSSELL SCOTT LINEBERRY REZONING REQUEST #2022-00001001 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HI - Heavy Industrial District as described in the application of Russell Scott Lineberry are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lie along major transportation corridors and have access to urban services. This parcel is along US Hwy 421 which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 3.7 Sustainable economic growth, environmental protection and quality of life shall be pursued together as mutually supporting growth management goals. Consistency Analysis: This area of the County already has several industrial sites close to the request location. Approving this request would further deepen the industrial uses of property in the area and support economic growth. Policy 3.11 New rural industrial development shall be located in areas of the site that would lessen impacts to adjoining residential and agricultural lands. Consistency Analysis: There is an industrial property adjacent to this parcel and the rezoning of this property would lessen impacts to other residential and agricultural lands. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on May 3, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 7.60 acre parcel, having the Randolph County Parcel Identification Number of 8725960159 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on May 3, 2022 to consider the proposed rezoning on application number 2022- 00001001, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HI - Heavy Industrial District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on May 3, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. CASE SUMMARY FOR SPECIAL USE REQUEST #2022-00001375 The Randolph County Planning Board will hold a Quasi-judicial Hearing on the request by MARK POWERS, Denton, NC, and his request to amend an existing Special Use Permit at 5989 Brantley Gordon Rd, Concord Township, Tax ID #6698675536, 3.96 acres, RA - Residential Agricultural District. It is the desire of the applicant to amend an existing Special Use Permit to specifically allow an automotive repair shop in an existing building as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affimation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to offer testimony on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you God.” PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: SPECIAL USE PERMIT Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710668800JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO AMEND THE EXISTING SPECIAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR SHOP IN EXISITING BUILDING AS PER THE SITE PLAN. Signature of Applicant: Eric Martin Authorized County Official Applicant: POWERS, MARK POWERS, TAMMY D City, St. Zip: DENTON, NC 27239 Address: 5989 BRANTLEY GORDON RD Owner: POWERS, MARK Address: 5989 BRANTLEY GORDON RD City, St. Zip: DENTON, NC 27239 Permit #: 2022-00001375 Parcel #: 6698675536 Date: 05/06/2022 Location Address: 5989 BRANTLEY GORDON RD DENTON, NC 27239 Permit Type Code: PZ 3 CONTACT NAME:POWERS, MARK Contact Phone:336 465-1463 Acreage: Township:3.9600 07 - CONCORD Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 SPECIAL USE PERMIT APPLICATION Powers Request Location Map BRANTLEY GORDON RD SANDSTONETRL1 inch equals 200 feet Directions to site: NC Hwy 49 S - (R) Brantley Gordon Rd - Site on (R) approx 500 ft past Sandstone Trl at 5989 Brantley Gordon RD Powers Special Use Permit Request !( !( !( !( !( !( !( !( !( !( !( !(RICHEY RDSANDSTONETRLBRANTLEY GORDON RD 1 inch equals 250 feet Request location Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads WaterBodies Streams 50 ft. Stream buffer County zoning Districts RA Powers Special Use Permit Request 1 inch equals 200 feet Legend Parcels Roads Existing Special Use PermitCOUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 LOCAL TELEPHONE NUMBERS Asheboro: (336) 318-6555 ● Archdale/Trinity: (336) 819-3555 http://www.randolphcountync.gov SPECIAL USE PERMIT Page 1 of 1 SPECIAL USE PERMIT On the date listed below, the Randolph County Planning Board met and held a public hearing to consider the following application. Applicant: POWERS,MARK Date: 11/5/2013 Address: 5989 BRANTLEY GORDON RD Parcel #: 6698675536 City, St Zip: DENTON, NC 27239 Permit #: 2013-00001938 Permit Type Code: PZ 3 Owner: POWERS, MARK Address: 5989 BRANTLEY GORDON RD City, ST ZIP: DENTON, NC 27239 CONTACT INFORMATION: Contact Name: POWERS,MARK Contact Phone Number: 336 465-1463 LOCATION INFORMATION: Township: (07) CONCORD Subdivision name: Subdivision lot #: Address: 5989 BRANTLEY GORDON RD DENTON, NC 27239 ZONING INFORMATION: Zoning District: RA – RESIDENTIAL AGRICULTURAL DISTRICT Specialty District: N/A Watershed Name: N/A Class A Flood Plain On Prop? N/A USE/CONDITIONS:TO ALLOW A RURAL FAMILY OCCUPATION FOR A BEAUTY SALON IN AN EXISTING 18x24 BUILDING BEHIND RESIDENCE - PLANNING & ZONING BOARD APPROVAL DATE:11/05/2013 Having considered all the sworn evidence presented at the hearing and as reflected in the official minutes of the proceedings, the Board finds that the application is complete, that the applicant complies with applicable requirements of the Randolph County Zoning Ordinance and therefore the application to make use of the above described property for the purpose indicated is hereby approved.The applicant shall complete the development strictly in accordance with the sworn evidence presented at the hearing, as reflected in the official minutes of the proceedings, and the plans approved by this Board, a copy of which is filed in the County Planning Department. This permit shall be binding on the owner/applicant and successors in interest. ____________________________________________________________________________________________ RANDOLPH COUNTY NORTH CAROLINA _______________________________________ _______________________________________ Planning & Development Director Date Powers Special Use Permit Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward Richey Rd. Picture 6: Request location on right as seen looking toward Sandstone Trl. MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use may materially endanger the public health or safety, or the use does not meet all required conditions and specifications, or the use may substantially injure the value of adjoining property, that the use is not a public necessity and the location and character of use if developed according to the plan(s) as submitted and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY MARK POWERS SPECIAL USE REQUEST #2022-00001375 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on June 14, 2022, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 5989 Brantley Gordon Rd for the purpose indicated is hereby APPROVED, subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD APPROVES THE APPLICATION FOR A SPECIAL USE PERMIT FOR Mark Powers BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. That the use meets all required conditions and specifications; 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board TECHNICAL REVIEW COMMITTEE RECOMMENDATION IN THE MATTER OF THE APPLICATION FOR REZONING REQUEST #2022-00001378 The Randolph County Planning Board will hold a Legislative Hearing on the request by ANITA BOBO, Asheboro, NC, and her request to rezone 0.92 acres at 180 Sawyersville Rd, Back Creek Township, James Bobo and Karen Gibson Subdivision, lot five, Watershed, Tax ID #7721960380, Secondary Growth Area, from RR - Residential Restricted to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a beauty shop as per the site plan. The Randolph County Technical Review Committee has met on the above-listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 1.1 Sustainable economic development, environmental protection, and quality of life shall be pursued as mutually supporting public policy goals. Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate with the goal of increasing economic activity; job creation and the provision of services to the rural community. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 3: Specialty District: MUNICIPAL AIRPORT OVERLAY DISTRICT Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710772100J Growth Management Areas:SECONDARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 0.9200 Lot Size Indicator: ACRE(S) Proposed Zoning District: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A BEAUTY SALON AS PER THE SITE PLAN Condition(S): Applicant: BOBO, ANITA YOW City, St. Zip: ASHEBORO, NC 27205 Address: 285 WEDGEWOOD FOREST DR Owner: BOBO, ANITA YOW Address: 285 WEDGEWOOD FOREST DR City, St. Zip: ASHEBORO, NC 27205 Permit #: 2022-00001378 Parcel #: 7721960380 Date: 05/06/2022 Location Address: 180 SAWYERSVILLE RD ASHEBORO, NC 27205 Permit Type Code: PZ 2 CONTACT NAME:BOBO, ANITA Contact Phone:336 626-5418 JAMES BOBO & KAREN GIBSON5 Acreage: Township:4.5800 02 - BACK CREEK Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Bobo Request Location Map SPENCERMEADOWRDSAWYERSVILLERDGREG O R Y C T LOW E C T R Y R D HUN TM ASTERTRLBROOKSIDECT US H W Y 6 4 W 1 inch equals 400 feet I¤ I¤ Directions to site: US Hwy 64 W - (L) Sawyersville Rd - Site on (R) approx 800 ft at 180 Sawyersville Rd.. Bobo Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( LO W E C T R Y R D SPENCERMEADOWRDHUNTM ASTERTRLB R O OKSIDECTUS H W Y 6 4 W SAWYERSVILLERDThe request is located in Municipal Airport Overlay District. 1 inch equals 400 feet Hunter's Creek S/D Wedgewood Forest S/D Request location I¤ I¤Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads WaterBodies Streams 50 ft. Stream buffer County zoning Districts HC RA RIO RR Bobo Rezoning Request SAWYERSVILLERDThe request is located in Municipal Airport Overlay District. 1 inch equals 200 feet Legend Roads County line Bobo Rezoning Request Picture 1: Request location. Picture 2: Request location. Picture 3: Adjacent residence. Picture 4: Sawyersville Wesleyan Church. Picture 5: Request location on left as seen looking toward US Hwy 64 W. Picture 6: Request location on right as seen looking toward Brookside Ct. MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY ANITA YOW BOBO REZONING REQUEST #2022-00001378 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC-CD - Highway Commercial - Conditional District as described in the application of Anita Yow Bobo are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southwest area shows the parcel to be rezoned in an area designated as Secondary Growth Area which is generally residential in use and allows for transitional land use patterns. B. Consistency with Growth Policies in the Growth Management Plan Policy 1.1 Sustainable economic development, environmental protection, and quality of life shall be pursued as mutually supporting public policy goals. Consistency Analysis: As proposed, the beauty shop could support economic development in this area while protecting the environment and the surrounding quality of life. Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate with the goal of increasing economic activity; job creation and the provision of services to the rural community. Consistency Analysis: As proposed, the beauty shop would create a rural commercial activity, increase economic activity and provide services to the citizens in this rural community. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 0.922 acre parcel, having the Randolph County Parcel Identification Number of 7721960380 is currently zoned RR - Residential Restricted by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on June 14, 2022 to consider the proposed rezoning on application number 2022- 00001378, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HC-CD - Highway Commercial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board TECHNICAL REVIEW COMMITTEE RECOMMENDATION IN THE MATTER OF THE APPLICATION FOR REZONING REQUEST #2022-00001389 The Randolph County Planning Board will hold a Legislative Hearing o-n the request by DAVIS INVESTMENT PROPERTIES, LLC, Randleman, NC, and their request to rezone 3.61 acres at US 220 Bus N, Level Cross Township, Hazel B Hayes Subdivision lot number three, Randleman Lake Protected Area Watershed, Tax ID #7757779761, Primary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of three new lots as per the site plan. The Randolph County Technical Review Committee has met on the above-listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Policy 6.13 Conventional residential subdivisions are anticipated of similar housing characteristics to the community. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: RANDLEMAN LAKE WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 3.6100 Lot Size Indicator: ACRE(S) Proposed Zoning District: CVOM-CD-CONVENTIONAL SUBDIVISION OVERLAY MIXED CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW THE CREATION OF 3 NEW LOTS AS PER THE SITE PLAN Condition(S): Applicant: DAVIS INVESTMENT PROPERTIES LLC City, St. Zip: RANDLEMAN, NC 27317 Address: P.O. BOX 452 Owner: DAVIS INVESTMENT PROPERTIES, LLC Address: P O BOX 452 City, St. Zip: RANDLEMAN, NC 27317 Permit #: 2022-00001389 Parcel #: 7757779761 Date: 05/06/2022 Location Address: Permit Type Code: PZ 2 CONTACT NAME:DAVIS, ERIC Contact Phone:336 587-5622 HAZEL B HAYES3 Acreage: Township:3.6100 Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Davis Request Location Map INTERSTATEHWY73US HW Y 2 2 0 B U S N HOLDER INMAN RD I73NBEXITRAMPUSHWY220BUSNI 73 NBONR A MP US HWY 2 2 0 BUS NHOLDE R IN M A N R D E XT 1 inch equals 400 feet !"`$ I¤ !"`$ I73 N - (R) Level Cross Exit - (R) US Hwy 220 Bus N - Site on (R) just past Holder Inman RD Davis Investment Properties, LLC, Rezoning Request !(!( !( !( !( H O L D E R IN M A N R D EXT HOLDER INMAN RD US HW Y 2 2 0 B U S N The request is located in Randleman Lake Balance Watershed. 1 inch equals 200 feet Hidden Forest Mobile Home Park SUP for electrical substation (2011) Request location Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads WaterBodies Streams 50 ft. Stream buffer County zoning Districts LI RA 5/8" EIR Down 2" w/ Cap Ex Concrete R/W Monument Up 10" Ex Concrete R/W Monument Up 12" Ex Concrete R/W Monument Up 6" Ex Concrete R/W Monument Up 4" 5/8" EIR Down 2" w/ Cap Connie Lee LewisDB 2786 Pg 1029Tract 2 of PB 130 Pg 3 Duke Energy Carolina, LLCDB 2209 Pg 87Lot 1 of PB 127 Pg 91Holder Inman Road SR 198860' Public R/W Per PB 130 Pg 3 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLEC1733.94 113.98 113.87C2 733.94 313.57 311.19 Tie Line 116.35 130.4 9 124.39627.94235.67' 117.76' 5/8" NIR Flush 221.16 137.00 2 38.48Total Dist 62.96 Lot 1 1.041 Acres Lot 21.237 Acres Lot 3 1.073 Acres 104.44 15.0'118.89Septic Lot 3A 11,407 Sq Ft Non-Buildable Lot To Serve Tract 3 of This Plat 5/8" NIR Flush C1 C2 Davis Investment Properties, LLC Tract 2 of PB 174 Pg 27 N: 777,634.10 Ground US Survey Feet E: 1,757,743.11 Ground US Survey Feet N: 778,055.14 Ground US Survey FeetE: 1,758,142.15 Ground US Survey Feet 71.58LINE BEARING DISTANCEL18.87 L1 46.56 16.40 Holder Inman Rd Hold er In m an R d E xt I-73 O n Ra mp Marsh Ctry Ln Site Site 0 50 100 150 Location Map (Not to Scale) Job #: 13910 Bar Scale: , Firm #: P-1110Dan W Tanner II L-4787 154 S. Fayetteville St, Suite B, Asheboro, NC 27203Phone Number: 336 625-8000Email: mail@surveycarolina.com I hereby certify that the subdivision plat shown hereon has been found to complywith the Subdivision Regulations for Randolph County, North Carolina, and that such plat has been approved according to the procedures for approval of minorsubdivisions __________________________________________________________ Date Randolph County Planning Director I, Dan W Tanner II, Professional Land Surveyor, certify: In accordance with NC General Statute 47-30(f)11aThat the survey creates a subdivision of land within the area of a county ormunicipality that has an ordinance that regulates parcels of land. PRELIMINARY PLAT - NOT FOR RECORDATION, CONVEYANCES, OR SALES OHU OHU OHU Drop Inlet Junction Box Storm Sewer ManholeYard Inlet Catch Basin Computed Point / Point Not SetBench Mark Existing Concrete Monument EIP - Existing Iron Pipe EIR - Existing Iron RodEN - Existing Nail NCGS Monument NIP - New Iron Pipe NIR - New Iron Rod RRS - Railroad Spike R/W - Right of Way Monument Stone Evergreen Tree Hardwood Tree Electric Manhole Electric Meter Fire Hydrant Gas Meter Gas Manhole Guy Wire Gas Valve Guy Pole Light Pole Power Pole U/G Power Box SS Cleanout SS - Sanitary Sewer SS Manhole Communications Manhole Transformer Telephone Pole Telephone Pedestal Utility Pole Water Meter Water Manhole Water Valve Back Flow Preventer Irrigation Control Valve Overhead Utility Line Sanitary Sewer Line Storm Sewer LineWater LineFence Property Line Computed Property Line Right of Way Line Easement Line Setback Lines Tie Lines G G G Gas Line Well Overhead Power Line E E E Underground Electric Line T T T 100 100 100 FW FW FW Underground Comm. Line STATE OF NORTH CAROLINA I, Jay Dale Review Officer of Randolph County, certify that the map or plat to whichthis certification is affixed meets all statutory requirements for recording. _______________________________ ________________________________________ Date Review Officer SEALL-4787 TW AD USDNALSION A LC OL N A 100-Year Flood Hazard LineFloodway Fire Dept. Connection C/L Railroad Z:0.00 Spot Elevation W W U T E C MH CO PP LP W U G G E E DI W Survey For:Davis Investment Properties, LLC Level Cross Township Randolph County North Carolina February 11, 2022Deed Book:2795 Pg:1723Plat Book:174 Pg:27 Scale: 1" = 50 US Survey Feet Owners:Davis Investment Properties, LLC9755 US Hwy 220 Bus N Randleman, NC 27317 I, Dan W Tanner II, certify that this plat was drawn under my supervision from anactual survey made under my supervision (deed description recorded in: Book 15E, page 175; (Prior) Book 2062, page 939; that the boundaries not surveyed are clearly indicated as drawn from informationfound in Book See , page Notes ; that the ratio of precision or positionalaccuracy as calculated is 1:10000+, that this plat was prepared in accordance withG.S. 47-30 as amended. Witness my original signature, license number and seal this the 11th day of February, A.D., 2022. __________ _______________________________________________Professional Land Surveyor L-4787 I, Dan W Tanner II, certify that this map was drawn under my supervisionfrom an actual GPS/ GNSS survey made under my supervision and the following information was used to perform the survey:(1) Class of survey: Class A (2) Positional accuracy: <0.10'(3) Type of GNSS field procedure: Real-Time Kinematic Networks (4) Dates of survey: February 08, 2022(5) Datum/Epoch: NAD83(2011) / 2010.00(6) Published/Fixed-control use: North Carolina Real Time Network (7) Geoid model: Geoid 12A(8) Combined grid factor(s): 0.99990735 (9) GPS/GNSS Scale Point:N:778,652.34 E:1,756,270.11 Z:747.40 (10) Units: US Survey Feet Notes:1. This project is not located within a special flood hazard area per NCFRIS. Map #: 3710774600J Effective Date: 1/2/20082. Area calculated by coordinate geometry. 3. All lines surveyed by Survey Carolina, PLLC are indicated by bold lines. All linesnot surveyed by Survey Carolina, PLLC are indicated by dashed lines.4. No attempt was made by this survey to locate all underground utilities nor anyother easements that would be revealed by a title search.5. Tax PIN: 7757779761 Davis Investment Properties, LLC, Rezoning Request H O L D E R IN M A N R D EXT HOLDER INMAN RD US HW Y 2 2 0 B U S N The request is located in Randleman Lake Balance Watershed. 1 inch equals 200 feet Legend Parcels Roads WaterBodies Streams 50 ft. Stream buffer Davis Investment Properties Rezoning Request Picture 1: Request location. Picture 2: Request Location. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward I73. Picture 6: Request location on right as seen looking toward US Hwy 220 Bus N. MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY DAVIS INVESTMENT PROPERTIES, LLC REZONING REQUEST #2022-00001389 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District as described in the application of Davis Investment Properties, LLC, are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lie in areas close to municipalities and central business districts and contains major employment areas. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: There are several minor subdivisions in this area of the County. The request, as proposed, will help to ensure the long-term quality of life enjoyed by the citizens in the area and prevent unwanted commercial development. Policy 6.13 Conventional residential subdivisions are anticipated of similar housing characteristics to the community. Consistency Analysis: The majority of the housing pattern in this area are site built homes but mobile homes are also found in the area. Considering the Hidden Forest Mobile Home Park across the road from the request location, the proposed housing type is compatible with the existing housing patterns in the area. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 3.61 acre parcel, having the Randolph County Parcel Identification Number of 7757779761 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on June 14, 2022 to consider the proposed rezoning on application number 2022- 00001389, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board TECHNICAL REVIEW COMMITTEE RECOMMENDATION IN THE MATTER OF THE APPLICATION FOR REZONING REQUEST #2022-00001383 The Randolph County Planning Board will hold a Legislative Hearing on the request by ERIC L SMITH, Sophia, NC, and his request to rezone 4.58 acres at 3321 Jess Smith Rd, Tabernacle Township, Garland Lee Hawkins Estate Subdivision lot number three, Tax ID #7724295330, Secondary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow the creation of a new lot as per the site plan. The Randolph County Technical Review Committee has met on the above-listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Policy 6.13 Conventional residential subdivisions are anticipated of similar housing characteristics to the community. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710772400J Growth Management Areas:SECONDARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 4.5800 Lot Size Indicator: ACRE(S) Proposed Zoning District: CVOM-CD-CONVENTIONAL SUBDIVISION OVERLAY MIXED CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW THE CREATION OF 1 NEW LOT AS PER THE SITE PLAN Condition(S): Applicant: SMITH, ERIC L. BROOKS, JESSE D. City, St. Zip: SOPHIA, NC 27350 Address: 3325 JESS SMITH RD Owner: BROOKS, JESSE D Address: 3325 JESS SMITH RD City, St. Zip: SOPHIA, NC 27350 Permit #: 2022-00001383 Parcel #: 7724295330 Date: 05/06/2022 Location Address: 3321 JESS SMITH RD SOPHIA, NC 27350 Permit Type Code: PZ 2 CONTACT NAME:SMITH, ERIC Contact Phone:336 302-4990 GARLAND LEE HAWKINS EST3 Acreage: Township:4.5800 18 - TABERNACLE Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Smith Request Location Map JESSSMITHRDUDELLDR FARLOW MEAD O W R D 1 inch equals 400 feet Directions to site: 1004 N - (L) Jess Smith Rd - Site on (L) approx 600 ft past Udell Dr at 3325 Jess Smith Rd Smith Rezoning Request !( !( !( !( !( !( !( !( !( !( FARLOWMEADOWRD UDELL DR JESSSMITHRD1 inch equals 200 feet Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads WaterBodies Streams 50 ft. Stream buffer County zoning Districts RA PPPPPPW5/8" EIR Up 2"5/8" NIR Up 4"60d Set @ Base5/8" EIR Flush1' EIR Down 6"5/8" EIR Flush5/8" NIR Up 4"5/8" NIR Up 4"5/8" EIR Up 2"1-1/4" EIP Up 4"1/2" EIR Up 4"3/8" EIP Up 4"270.0930.30107.81PNS114.56200.85167.48368.16203.04131.45224.47Ex. Nail Flushin Asphault4.56' Along Property Line1.52' South of Property LineNew Tract 12.844 AcresNew Tract 21.965 AcresGravel Drive1 Story MetalBuilding onConcrete Slab1 Story1 Story Mobile HomeOverhead PowerlineConcrete SlabPNSJess Smith Road SR: 1540 60' R/W Property Line FollowsCenterline Of RoadJohn W. AdamsDeborah Hawkins AdamsDB: 1953 Pg: 2342Tract 2 of PB: 97 Pg: 46Andrew WyrickCasey N. WyrickPB: 140 Pg: 90DB: 2019 Pg: 362CL of CreekN: 749,099.09 Ground US Survey FeetN: 749,323.19 Ground US Survey FeetE: 1,722,059.93 Ground US Survey Feet14.8'14.5'800.8929.69Total Dist: 830.58344.7732.23Total Dist: 377.00SiteMt. Gilead Church RdTreeSparrow DrNoahs TrailJess Smith RdUdell DrWindsong RdSweetbriar RdLibertysRun DrFlint Hill RdLocation Map(Not to Scale)Eric L. SmithJesse D. BrooksTabernacle Township Randolph CountyNorth Carolina April 1, 2022Deed Book:2772 Pg:1437Plat Book:97 Pg:46Scale: 1" = 60 US Survey Feet,Firm #: P-1110Dan W Tanner II L-4787Phone Number: 336 625-8000Email: mail@surveycarolina.comGrid NorthNAD 83 (2011)I, Dan W Tanner II, certify that this plat was drawn under my supervision from anactual survey made under my supervision (deed description recorded in:Book 2772 , page 1437 ;that the boundaries not surveyed are clearly indicated as drawn from informationfound in Book See , page Notes ; that the ratio of precision or positionalaccuracy as calculated is 1:10000+, that this plat was prepared in accordance withG.S. 47-30 as amended. Witness my original signature, license number and seal thisthe 1st day of April, A.D., 2022.__________ _______________________________________________Professional Land Surveyor L-4787I, Dan W Tanner II, certify that this map was drawn under my supervision from an actual GPS/ GNSSsurvey made under my supervision and the following information was used to perform the survey:(1) Class of survey: Class A(2) Positional accuracy: <0.10'(3) Type of GNSS field procedure: Real-Time Kinematic Networks(4) Dates of survey: March 30, 2022(5) Datum/Epoch: NAD83(2011) / 2010.00(6) Published/Fixed-control use: North Carolina Real Time Network(7) Geoid model: Geoid 12A(8) Combined grid factor(s): 0.99989387(9) GPS/GNSS Scale Point:N:749,430.96 E:1,722,779.82 Z:722.65(10) Units: US Survey FeetI hereby certify that the subdivision plat shown hereon has been found to complywith the Subdivision Regulations for Randolph County, North Carolina, and that suchplat has been approved according to the procedures for approval of minorsubdivisions__________________________________________________________Date Randolph County Planning DirectorI, Dan W Tanner II, Professional Land Surveyor, certify:In accordance with NC General Statute 47-30(f)11aThat the survey creates a subdivision of land within the area of a county ormunicipality that has an ordinance that regulates parcels of land.OHUDrop InletJunction BoxStorm Sewer ManholeYard InletCatch BasinComputed Point / Point Not SetBench MarkExisting Concrete MonumentEIP - Existing Iron PipeEIR - Existing Iron RodEN - Existing NailNCGS MonumentNIP - New Iron PipeNIR - New Iron RodRRS - Railroad SpikeR/W - Right of Way MonumentStoneEvergreen TreeHardwood TreeElectric ManholeElectric MeterFire HydrantGas MeterGas ManholeGuy WireGas ValveGuy PoleLight PolePower PoleU/G Power BoxSS CleanoutSS - Sanitary SewerSS ManholeCommunications ManholeTransformerTelephone PoleTelephone PedestalUtility PoleWater MeterWater ManholeWater ValveBack Flow PreventerIrrigation Control ValveOverhead Utility LineSanitary Sewer LineStorm Sewer LineWater LineFenceProperty LineComputed Property LineRight of Way LineEasement LineSetback LinesTie LinesGGGas LineWellOverhead Power LineEEEUnderground Electric LineTTT100100FWFWUnderground Comm. Line0 60 120 180STATE OF NORTH CAROLINAI, Jay Dale Review Officer of Randolph County, certify that the map or plat to whichthis certification is affixed meets all statutory requirements for recording.__________ ________________________________________Date Review OfficerNotes:1. This project is not located within a special flood hazard area per NCFRIS.Map #: 3710772400J Effective Date: 1/2/20082. Area calculated by coordinate geometry.3. All lines surveyed by Survey Carolina, PLLC are indicated by bold lines. All lines not surveyed bySurvey Carolina, PLLC are indicated by dashed lines.4. No attempt was made by this survey to locate all underground utilities nor any other easements thatwould be revealed by a title search.5. Tax PIN: 7724295330IIRENNATWADRYRUSDNAROFSSONALNRTCARINA100-Year Flood Hazard LineFloodwayFire Dept. ConnectionC/L RailroadSpot ElevationWWUTECMHCOPPWUGGEEDIW Smith Rezoning Request FARLOWMEADOWRD UDELL DR JESSSMITHRD1 inch equals 200 feet Legend Parcels Roads WaterBodies Streams 50 ft. Stream buffer Smith Rezoning Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward Farlow Meadow Rd. Picture 6: Request location on right as seen looking toward Udell Dr. MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY ERIC L SMITH REZONING REQUEST #2022-00001383 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District as described in the application of Eric L Smith are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area which is generally residential in use and allows for transitional land use patterns. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: There are several minor subdivisions in this area of the County. The request, as proposed, will help to ensure the long-term quality of life enjoyed by the citizens in the area and prevent unwanted commercial development. Policy 6.13 Conventional residential subdivisions are anticipated of similar housing characteristics to the community. C. Consistency Analysis: The majority of the housing pattern in this area are site built homes and the proposed housing type is compatible with the existing housing patterns in the area. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on Click to enter adoption date.. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 4.58 acre parcel, having the Randolph County Parcel Identification Number of 7724295330 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on June 14, 2022 to consider the proposed rezoning on application number 2022- 00001383, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board TECHNICAL REVIEW COMMITTEE RECOMMENDATION IN THE MATTER OF THE APPLICATION FOR REZONING REQUEST #2022-00001411 The Randolph County Planning Board will hold a Legislative Hearing on the request by TMR HOLDINGS, LLC, Thomasville, NC, and their request to rezone 2.15 acres at 7139 Wright Rd, Trinity Township, Lake Reese Balance Watershed, Tax ID #6796018058, Primary Growth Area, from RA – Residential Agricultural District and LI – Light Industrial – Conditional District to RA - Residential Agricultural District. The Randolph County Technical Review Committee has met on the above-listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. A Resolution Adopting the 2009 Randolph County Grown Management Plan, Item #3, Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of the County’s citizens and tax base. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: LI-CD-LIGHT INDUSTRIAL CONDITIONAL DISTRICT Zoning District 3: LI-LIGHT INDUSTRIAL DISTRICT Specialty District: N/A Watershed Name: LAKE REESE WATERSHED Class A Flood Plain On Prop?: YES Flood Plain Map #: 3710679600J Growth Management Areas:PRIMARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 2.1500 Lot Size Indicator: ACRE(S) Proposed Zoning District: RA-RESIDENTIAL AGRICULTURAL DISTRICT Proposed Use(S): Condition(S): Applicant: TMR HOLDINGS LLC City, St. Zip: THOMASVILLE, NC 27360 Address: 2316 HERITAGE LANE Owner: TMR HOLDINS LLC Address: 2316 HERITAGE LN City, St. Zip: THOMASVILLE, NC 27360 Permit #: 2022-00001411 Parcel #: 6796018058 Date: 05/10/2022 Location Address: 7139 WRIGHT RD THOMASVILLE, NC 27360 Permit Type Code: PZ 2 CONTACT NAME:ROBINSON, TINA Contact Phone:336 239-0751 Acreage: Township:7.4300 19 - TRINITY Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE TMR Holdings Request Location Map WOODALECTWRIGHT RD WOOD A L E F O RE S T LN YOUNGOAKDR 1 inch equals 400 feet Directions to site: US Hwy 64 W - (R) Fuller Mill Rd N - (R) Wright Rd - Site on (R) approx 800 ft past Young Oak DR at 7139 Wright Rd TMR Holdings, LLC, Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(WOODALE CTWOOD A L E F O R E S T L N YOUNG OAKDR WRIGHT RD The request is located in Lake Reese Watershed Area. 1 inch equals 400 feet James W Sheffield S/D Woodale Place S/D Request location Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads Streams 50 ft. Stream buffer Flood plains County zoning Districts LI RA RM RR TMR Holdings, LLC, Rezoning Request WOODALEFORESTLN YOUNG OAK DR WRIGHT RD The request is located in Lake Reese Watershed Area. 1 inch equals 200 feet Legend Parcels Roads Streams 50 ft. Stream buffer Flood plains TMR Holdings Rezoning Request Picture 1: Request location. Picture 2: Request location. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward Young Oak Dr. Picture 6: Request location on right as seen looking toward Woodale Ct. MOTION TO APPROVE A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY TMR HOLDINGS, LLC REZONING REQUEST #2022-00001411 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to RA - Residential Agricultural District as described in the application of TMR Holdings, LLC, are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the northwest area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lie in areas close to municipalities and central business districts and contains major employment areas. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: This request is to rezone the balance of the property to RA – Residential Agricultural District. By approving this request, the Planning Board will be protecting the nearby rural neighborhoods from potential harmful industrial or commercial impacts. A Resolution Adopting the 2009 Randolph County Grown Management Plan, Item #3, Ensure the opportunity for landowners to achieve the highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of the County’s citizens and tax base. Consistency Analysis: By approving this request, the Planning Board will be allowing the property owner to achieve the highest and best use of their property. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. By approving this request, the Planning Board will be protecting the community while allowing the property owner to achieve the highest and best use of their property. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 2.15 acre parcel, having the Randolph County Parcel Identification Number of 6796018058 is currently zoned RA - Residential Agricultural District and LI - Light Industrial District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on June 14, 2022 to consider the proposed rezoning on application number 2022- 00001411, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to RA - Residential Agricultural District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on June 14, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 140 (d) Service areas, off-street loading facilities, service drives, and dimensions of such areas; (e) A title giving the names of the developers, the date, the scale of the plan, and the person or firm preparing the plan; (f) Proposed landscaping with property buffers between other uses; (g) Location of flood hazard areas and other lands not suitable for development; (h) Size and location of signs; (i) Location and type of security lighting; (j) Water resource and stormwater management provisions; (k) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using a minimum vegetated buffer area. B. CLO: CLUSTER SUBDIVISION OVERLAY DISTRICT The Cluster Subdivision Overlay District is established to accommodate major residential subdivision developments designed to preserve rural character by the preservation of open space and significant environmentally sensitive areas. The district permits open space, recreational, residential, and limited rural neighborhood business uses that are part of a unified design. The cluster subdivision development provides for the grouping of lots and buildings to conserve open space land resources and promotes innovation in the design of the development to minimize stormwater runoff impacts and other adverse rural environmental impacts. Housing characteristics with the CLO district will be designated Exclusive (CLOE), Restricted (CLOR), or Mixed (CLOM), in conformance with other major subdivision zoning districts. Cluster subdivisions are not allowed in the Birkhead Wilderness/Uwharrie Forest Small Area Plan area. The Cluster Subdivision Overlay District is designed for those areas of Randolph County where the requirement of such an Overlay District can help achieve the policies and objectives of the Randolph County Growth Management Plan. This district is specifically designed for Secondary ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 141 Growth Areas and Rural Growth Areas as reflected in the Randolph County Growth Management Plan. (1) PURPOSE AND USES PERMITTED The Cluster Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted provided they meet the requirements within the overlay zone subject to the restrictions provided by this section. (2) CLUSTER SUBDIVISION DEVELOPMENT STANDARDS AND INTENSITY The number of housing units, which may be built in a cluster subdivision development, varies according to the amount of open space, as defined herein, which is to be preserved and additional amenities that are to be included. The total number of building lots or dwelling units in a cluster subdivision development shall be calculated based on the total land area in the tract minus the required fifty thirty percent open space and any proposed rights-of-ways. Fifty percent of the total area located within a federally designated Class A Flood Zones may be utilized when calculating required Open Space. In a Secondary Growth Area, lot frontage widths may be reduced to ninety feet. PROJECT AREA BASE DENSITY MINIMUM OPEN SPACE REQUIRED Secondary Growth Area 1 residence per 340,000 sq. ft. 350% Rural Growth Area 1 residence per 1.53 acres 350% Table 13: Cluster Subdivision Development Standards (3) DENSITY BONUS A developer may be granted density bonuses to increase the density within a cluster subdivision development. These bonuses may be granted within a cluster subdivision development only if the developer meets the required standards described below. One additional residential lot may be given for each of the following: (a) Each additional five percent open space; ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 142 (b) Preservation of County Designated Natural Heritage Site; (c) Five hundred feet of existing road frontage maintained as open space with a minimum depth of two hundred feet as measured from the road right-of-way; (d) Maintain forestation and natural thirty-five feet buffer along existing parcel lines; or (e) An approved forestry management plan for open space. When granting density bonuses, lot sizes may be flexible with a minimum of 20,000 square feet in size within a Secondary Growth Area and a one-acre 40,000 square feet minimum within a Rural Growth Area. Density within cluster subdivision developments located in designated Watershed Balance or Water Quality Protected Areas shall not exceed mandated requirements. (4) USES OR ACTIVITIES PERMITTED IN OPEN SPACE AREAS (a) Conservation of land in its natural state (e.g., woodland, fallow field, or managed meadow); (b) Agricultural uses including raising of crops or livestock; (c) Passive recreation including, but not limited to, trails, picnic areas, and community gardens; (d) Easements for drainage, access, sewer or water lines or other public purposes; (e) Stormwater management facilities for the proposed development or a larger area in compliance with a watershed management plan; or (f) Other uses consistent with open space preservation and as approved through the appropriate development approval process. (5) USES OR ACTIVITIES PROHIBITED IN OPEN SPACE AREAS (a) Cutting of healthy trees; re-grading; topsoil removal; altering, diverting, or modifying watercourses or bodies except in compliance with a land management plan or watershed management plan for the property ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 143 conforming to the customary standards of forestry, erosion control or engineering; or (b) Private driveway connections within the open space area. (6) OWNERSHIP AND MAINTENANCE OF OPEN SPACE (a) Ownership of open space may be handled through one or more of the following and shall be permanently restricted from future development through deed restrictions: (i) Homeowner’s Association; (ii) Transfer to a private conservation organization; or (iii) Ownership retained by the developer. (b) Natural features shall be maintained in their natural condition but may be modified to improve their appearance, function, or overall condition. Permitted modifications may include, but are not limited to: (i) Reforestation; (ii) Woodland management; (iii) Meadow management; (iv) Buffer area landscaping; (v) Stream-bank protection; or (vi) Wetlands management. In no event will a radical change in open space be permitted that would destroy what may have been an initial sales feature for surrounding homeowners, for example, the removal of all timber. The cost and responsibility of maintaining open space and any facilities located thereon shall be borne by the developer, property owner, and/or homeowners association as required by the private deed restrictions. (7) SITING ON PUBLIC ROADWAYS AND ADJACENT RURAL ZONING DISTRICTS ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 144 Cluster neighborhoods shall be placed in such a way as to not be fully visible from the primary thoroughfare. Natural features, such as tree stands and slight rises in topography, shall be retained to allow a rural landscape to adjoin residential zoning districts and existing roads. (8) DEVELOPMENT CONSIDERATIONS (a) Preserve scenic view and elements of Randolph County’s rural character by minimizing perceived density by minimizing views of new development for the existing road by use of natural buffers and open space. (b) Preserve open land, including those areas that contain unique and sensitive features such as natural areas, streams, wetlands, and flood plains. (c) Minimize site disturbance and erosion through the retention of existing vegetation. (d) Encourage creativity in the design of residential subdivisions by allowing for greater flexibility and creativity in the design if the development is not greater than that normally allowed in the district. (e) Create compact neighborhoods accessible to open space amenities and with strong community identity. (f) Open space subdivision design shall be encouraged to maintain the special features that contribute to the rural character such as woodland preservation, preservation of scenic views, and farmland preservation. (g) New driveway connections shall be designed in a way to minimize new locations on existing public roads. (h) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using a minimum vegetated buffer area. (i) The development shall be designed to limit disturbance in the following areas: (i) Land with a floodway; ARTICLE 600: ZONING ORDINANCE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 145 (ii) Wetlands; (iii) Groundwater recharge areas; and (iv) Critical ecological areas. C. CVO: CONVENTIONAL SUBDIVISION OVERLAY DISTRICT The Conventional Subdivision Overlay District has been established to accommodate single-family residential subdivisions with four or more owner-occupied lots created for sale or building development. This district is predominantly residential and suburban where current water and sewer needs are met primarily by individual wells and septic systems. Some public infrastructure may be available in the future. Housing characteristics with the CVO district will be designated Exclusive (CVOE), Restricted (CVOR), or Mixed (CVOM), in conformance with other major subdivision zoning districts. The Conventional Subdivision Overlay District is designed for those areas of Randolph County where the requirement of such an Overlay District can help achieve the policies and objectives of the Randolph County Growth Management Plan. This district is specifically designed for Primary Growth Areas and Secondary Growth Areas as reflected in the Randolph County Growth Management Plan. (1) PURPOSE AND USES PERMITTED The Conventional Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted provided they meet the requirements within the overlay zone subject to the restrictions provided by this section. (2) CONVENTIONAL SUBDIVISION STANDARDS (a) All standards as required by the land development regulations contained within this Ordinance. (b) Minimum lot sizes as specified by this Ordinance. Lot sizes may be increased as required by soils and other factors particular to the location. (c) Designed under the policies and guidelines outlined in the comprehensive land-use plan. (d) Subdivision layout and use of land will assure safe and convenient circulation patterns while minimizing the impacts on the established residential areas. MOTION TO APPROVE AMENDMENTS TO RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to RECOMMEND APPROVAL to the Randolph County Board of County Commissioners the amendments to the Randolph County Unified Development Ordinance that are included in the Planning Board agenda, submitted during the Randolph County Unified Development Ordinance amendment presentation, incorporated into the motion, to be included in the minutes, also incorporated into the motion.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY AMENDMENTS TO RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to RECOMMEND DENIAL to the Randolph County Board of County Commissioners the amendments to the Randolph County Unified Development Ordinance that are included in the Planning Board agenda, submitted during the Randolph County Unified Development Ordinance amendment presentation, incorporated into the motion, to be included in the minutes, also incorporated into the motion.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion.